[106th Congress Public Law 357]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ357.106]
[[Page 114 STAT. 1393]]
Public Law 106-357
106th Congress
An Act
To designate segments and tributaries of White Clay Creek, Delaware and
Pennsylvania, as a component of the National Wild and Scenic Rivers
System. <<NOTE: Oct. 24, 2000 - [S. 1849]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: White Clay Creek
Wild and Scenic Rivers System Act.>>
SECTION 1. SHORT TITLE. <<NOTE: 16 USC 1271 note.>>
This Act may be cited as the ``White Clay Creek Wild and Scenic
Rivers System Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Public Law 102-215 (105 Stat. 1664) directed the
Secretary of the Interior, in cooperation and consultation with
appropriate State and local governments and affected landowners,
to conduct a study of the eligibility and suitability of White
Clay Creek, Delaware and Pennsylvania, and the tributaries of
the creek for inclusion in the National Wild and Scenic Rivers
System;
(2) as a part of the study described in paragraph (1), the
White Clay Creek Wild and Scenic Study Task Force and the
National Park Service prepared a watershed management plan for
the study area entitled ``White Clay Creek and Its Tributaries
Watershed Management Plan'', dated May 1998, that establishes
goals and actions to ensure the long-term protection of the
outstanding values of, and compatible management of land and
water resources associated with, the watershed; and
(3) after completion of the study described in paragraph
(1), Chester County, Pennsylvania, New Castle County, Delaware,
Newark, Delaware, and 12 Pennsylvania municipalities located
within the watershed boundaries passed resolutions that--
(A) expressed support for the White Clay Creek
Watershed Management Plan;
(B) expressed agreement to take action to implement
the goals of the Plan; and
(C) endorsed the designation of the White Clay Creek
and the tributaries of the creek for inclusion in the
National Wild and Scenic Rivers System.
SEC. 3. DESIGNATION OF WHITE CLAY CREEK.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding at the end the following:
[[Page 114 STAT. 1394]]
``(162) White Clay Creek, Delaware and Pennsylvania.--The 190 miles
of river segments of White Clay Creek (including tributaries of White
Clay Creek and all second order tributaries of the designated segments)
in the States of Delaware and Pennsylvania, as depicted on the
recommended designation and classification maps (dated June 2000), to be
administered by the Secretary of the Interior, as follows:
``(A) 30.8 miles of the east branch, including Trout Run,
beginning at the headwaters within West Marlborough township
downstream to a point that is 500 feet north of the Borough of
Avondale wastewater treatment facility, as a recreational river.
``(B) 15.0 miles of the east branch beginning at the
southern boundary line of the Borough of Avondale to a point
where the East Branch enters New Garden Township at the Franklin
Township boundary line, including Walnut Run and Broad Run
outside the boundaries of the White Clay Creek Preserve, as a
recreational river.
``(C) 4.0 miles of the east branch that flow through the
boundaries of the White Clay Creek Preserve, Pennsylvania,
beginning at the northern boundary line of London Britain
township and downstream to the confluence of the middle and east
branches, as a scenic river.
``(D) 6.8 miles of the middle branch, beginning at the
headwaters within Londonderry township downstream to a point
that is 500 feet north of the Borough of West Grove wastewater
treatment facility, as a recreational river.
``(E) 14 miles of the middle branch, beginning at a point
that is 500 feet south of the Borough of West Grove wastewater
treatment facility downstream to the boundary of the White Clay
Creek Preserve in London Britain township, as a recreational
river.
``(F) 2.1 miles of the middle branch that flow within the
boundaries of the White Clay Creek Preserve in London Britain
township, as a scenic river.
``(G) 17.2 miles of the west branch, beginning at the
headwaters within Penn township downstream to the confluence
with the middle branch, as a recreational river.
``(H) 12.7 miles of the main stem, excluding Lamborn Run,
that flow through the boundaries of the White Clay Creek
Preserve, Pennsylvania and Delaware, and White Clay Creek State
Park, Delaware, beginning at the confluence of the east and
middle branches in London Britain township, Pennsylvania,
downstream to the northern boundary line of the city of Newark,
Delaware, as a scenic river.
``(I) 5.4 miles of the main stem (including all second order
tributaries outside the boundaries of the White Clay Creek
Preserve and White Clay Creek State Park), beginning at the
confluence of the east and middle branches in London Britain
township, Pennsylvania, downstream to the northern boundary of
the city of Newark, Delaware, as a recreational river.
``(J) 16.8 miles of the main stem beginning at Paper Mill
Road downstream to the Old Route 4 bridge, as a recreational
river.
``(K) 4.4 miles of the main stem beginning at the southern
boundary of the property of the corporation known as United
[[Page 114 STAT. 1395]]
Water Delaware downstream to the confluence of White Clay Creek
with the Christina River, as a recreational river.
``(L) 1.3 miles of Middle Run outside the boundaries of the
Middle Run Natural Area, as a recreational river.
``(M) 5.2 miles of Middle Run that flow within the
boundaries of the Middle Run Natural Area, as a scenic river.
``(N) 15.6 miles of Pike Creek, as a recreational river.
``(O) 38.7 miles of Mill Creek, as a recreational river.''.
SEC. 4. BOUNDARIES. <<NOTE: 16 USC 1274 note.>>
With respect to each of the segments of White Clay Creek and its
tributaries designated by the amendment made by section 3, in lieu of
the boundaries provided for in section 3(b) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(b)), the boundaries of the segment shall be
250 feet as measured from the ordinary high water mark on both sides of
the segment.
SEC. 5. ADMINISTRATION. <<NOTE: 16 USC 1274 note.>>
(a) By Secretary of the Interior.--The segments designated by the
amendment made by section 3 shall be administered by the Secretary of
the Interior (referred to in this Act as the ``Secretary''), in
cooperation with the White Clay Creek Watershed Management Committee as
provided for in the plan prepared by the White Clay Creek Wild and
Scenic Study Task Force and the National Park Service, entitled ``White
Clay Creek and Its Tributaries Watershed Management Plan'' and dated May
1998 (referred to in this Act as the ``Management Plan'').
(b) Requirement for Comprehensive Management Plan.--The Management
Plan shall be considered to satisfy the requirements for a comprehensive
management plan under section 3(d) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(d)).
(c) Cooperative Agreements.--In order to provide for the long-term
protection, preservation, and enhancement of the segments designated by
the amendment made by section 3, the Secretary shall offer to enter into
a cooperative agreement pursuant to sections 10(c) and 11(b)(1) of the
Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)) with the
White Clay Creek Watershed Management Committee as provided for in the
Management Plan.
SEC. 6. FEDERAL ROLE IN MANAGEMENT. <<NOTE: 16 USC 1274 note.>>
(a) In General.--The Director of the National Park Service (or a
designee) shall represent the Secretary in the implementation of the
Management Plan, this Act, and the Wild and Scenic Rivers Act with
respect to each of the segments designated by the amendment made by
section 3, including the review, required under section 7(a) of the Wild
and Scenic Rivers Act (16 U.S.C. 1278(a)), of proposed federally-
assisted water resources projects that could have a direct and adverse
effect on the values for which the segment is designated.
(b) Assistance.--To assist in the implementation of the Management
Plan, this Act, and the Wild and Scenic Rivers Act with respect to each
of the segments designated by the amendment made by section 3, the
Secretary may provide technical assistance, staff support, and funding
at a cost to the Federal Government in an amount, in the aggregate, of
not to exceed $150,000 for each fiscal year.
[[Page 114 STAT. 1396]]
(c) Cooperative Agreements.--Any cooperative agreement entered into
under section 10(e) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(e)) relating to any of the segments designated by the amendment
made by section 3--
(1) shall be consistent with the Management Plan; and
(2) may include provisions for financial or other assistance
from the United States to facilitate the long-term protection,
conservation, and enhancement of the segments.
(d) National Park System.--Notwithstanding section 10(c) of the Wild
and Scenic Rivers Act (16 U.S.C. 1281(c)), any portion of a segment
designated by the amendment made by section 3 that is not in the
National Park System as of the date of the enactment of this Act shall
not, under this Act--
(1) be considered a part of the National Park System;
(2) be managed by the National Park Service; or
(3) be subject to laws (including regulations) that govern
the National Park System.
SEC. 7. STATE REQUIREMENTS. <<NOTE: 16 USC 1274 note.>>
State and local zoning laws and ordinances, as in effect on the date
of the enactment of this Act, shall be considered to satisfy the
standards and requirements under section 6(c) of the Wild and Scenic
Rivers Act (16 U.S.C. 1277(c)) with respect to the segment designated by
the amendment made by section 3.
SEC. 8. NO LAND ACQUISITION. <<NOTE: 16 USC 1274 note.>>
The Federal Government shall not acquire, by any means, any right or
title in or to land, any easement, or any other interest along the
segments designated by the amendment made by section 3 for the purpose
of carrying out the amendment or this Act.
Approved October 24, 2000.
LEGISLATIVE HISTORY--S. 1849 (H.R. 3520):
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HOUSE REPORTS: No. 106-813 accompanying H.R. 3520 (Comm. on Resources).
SENATE REPORTS: No. 106-266 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 146 (2000):
Apr. 13, considered and passed Senate.
Sept. 18, considered and passed House, amended.
Oct. 5, Senate concurred in House amendment.
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